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wallstreetfighter, Employment Lawyer

Category: Employment Law

Satisfied Customers: 17001

Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits

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I was just notified that my job has been eliminated. I asked

Resolved Question:

I was just notified that my job has been eliminated. I asked when my last day would be and they told me whenever so I asked to be let go in two weeks. They came back with two severance packages. One is if I leave in two weeks I get an outsource agency and the other is to stay until the Friday before Christmas to get a add'l bonus pay. At the time I was given the severance package options, I was then told my job will be eliminated at the end of this month. I tried to negotiate the severance package to term my employment on the day my job is eliminated, decline the 3 month benefits pay, and decline the outsource agency but get a couple weeks of bonus pay; however, my employer declined it. I pretty much have to take what they offerred. Can my employer make my stay 3 additional weeks after my job is eliminated and use it as a bargaining bonus pay? They are saying that it is for transitioning but there is no need to train or transition because my coworker and leader is already cross trained with my responsibilities last year when I went on maternity leave.

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetesq. :

What State are you in?

Customer:

WI

wallstreetesq. :

Are you an at will employee?

Customer:

Yes

wallstreetesq. :

Are you part of a Union or do you have an employment agreement?

Customer:

I am not part of a Union.

wallstreetesq. :

The employer under WI law can make these demands, however in your case,

wallstreetesq. :

you have to careful in how you approach the severance and bonus issues,

wallstreetesq. :

as they may try to remove you ability to apply for unemployment benefits,

wallstreetesq. :

If you agree to a severance agreement, make sure you are still allowed to apply for unemployment benefits, as your job was eliminated,

wallstreetesq. :

If you agree to stay longer,

wallstreetesq. :

than they eliminate you, than you should be able to apply for unemployment

wallstreetesq. :

If you decline the extra work, they may try to claim that you quit,

wallstreetesq. :

and try to argue that you should not be entitled to unemployment benefits

Customer:

That is what I am worried about if I don't take one of the two options they offered and I may not be able to claim unemployment. I did negotiate to end my employment on 12/1 but they declined it. If I stay on after my job is eliminated on 12/1, I feel unsure as to what my work responsibilities will be. Does it mean that although my job is eliminated as of 12/1, I am still working as that position until 12/23?

wallstreetesq. :

I would not put any job end date in writing,

wallstreetesq. :

I would let them eliminate your position, so they cannot claim you resigned,

wallstreetesq. :

I would work their for however long they allow you to, and when they terminate you, apply for unemployment benefits,

wallstreetesq. :

If you submit in writing that you will leave on a certain date, they may state you resigned,

Customer:

My negotiation about terming on 12/1 was verbally made to my team leader in which she declined right away. The only thing on paper is what they have offerred to me with it clearly stating that my job has been eliminated.

wallstreetesq. :

that is good for you.

wallstreetesq. :

Do not let them have you sign anything that states you will resign or leave on a certain date,

wallstreetesq. :

Your unemployment benefits, would be higher in the long run, than any bonus or severance they may offer,

Customer:

The offer they made me does not state that I can claim unemployment. Do I need them to state this?

wallstreetesq. :

It should be reviewed,

wallstreetesq. :

by an attorney to make sure their is no language that states you did not agree to resign, or that their is no language about a mutual agreement,

wallstreetesq. :

It should state that your job was eliminated by the employer,

wallstreetesq. :

Or that you are being laid off.

Customer:

Actually the severance they made my is very plain. All it is is a word document stating my job is eliminated and below are two options I may want to consider. It does state that if I take one of the two options, I have to sign a release/waiver agreement.

wallstreetesq. :

Than it should be fine, the waiver or release, should only be for lawsuits against the employer,

wallstreetesq. :

the fact the severance states that the job was eliminated is evidence that you did not resign or quit

wallstreetesq. :

The issue of whether they can keep you longer, is governed by the employers rules,

wallstreetesq. :

so the decision is up to you,

wallstreetesq. :

The severance agreement should have a specific date which states when your employment ended

wallstreetesq. :

that is the date you should file for unemployment,

wallstreetesq. :

If you have any further questions please do not hesitate to ask

wallstreetesq. :

If satisfied please press the accept button so we can receive credit

Customer:

Now I'm confused. The severance says my job is eliminated on 12/1. Option one states I can leave on 11/17 and get an outsource agency, option 2 states I can leave on 12/23 and get bonus pay. If I take option 1, does that mean I can't claim unemployment until 12/1 then?

wallstreetesq. :

It is possible, I am not sure what the outsource agency means or how it would help you, I would suggest taking the 12/1 or or 12/23 option

Customer:

The outsource agency is a contractor they have that helps employees they let go update their resumes and find a new job.

wallstreetesq. :

Than that would be fine, I would still not take that offer,

wallstreetesq. :

I would not take any chances, and use the date of 12/1 or the later

Customer:

Okay. Thank you very much. You've helped answer a lot of my questions.

wallstreetesq. :

Good luck, and if you have any further questions please do not hesitate to ask

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